CASE: I-140 (Skilled Worker) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from Nepal and licensed in the state of Texas. She came to the United States and currently works in the United States with her TPS (Temporary Protected Status).  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Our client has an Associate of nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on June 15, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on January 14, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on January 23, 2019, the USCIS issued Request for Evidence and asked our client to submit the copy of petitioner’s most recent tax return. Our office filed the response to USCIS on January 25, 2019.  Eventually, on February 7, 2019, the I-140 was approved. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On March 1, 2019, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On October 7, 2019, our client was interviewed at Houston Texas USCIS office. Eventually, on January 28, 2020, her green card application was approved.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Our client has a nursing degree and has Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on December 31, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on May 15, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on June 24, 2019, the USCIS Texas Service Center issued Request for Evidence and requested our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed Response to RFE on July 23, 2019.

Eventually, on January 17, 2020, our client’s I-140 petition was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition when her priority dates become current.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Brazilian

LOCATION: Kaneohe, HI

Our client is a registered nurse from Brazil licensed in the state of Hawaii. She came to the United States and worked for the petitioner in the United States with her OPT status.  Her former employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Our client has a nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 4, 2019 and started on her Prevailing Wage Request.

We filed the I-140 application on October 1, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, the USCIS issued Request for Evidence on October 9, 2019 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on December 11, 2019 and eventually, on December 21, 2019, the I-140 was approved.

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CASE: I-140 (EB-3 Skilled Worker)    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese Specialty Cook in China
LOCATION: Cleveland, Ohio

Our client is a Chinese restaurant in Cleveland, Ohio. They do have a prospective employee from China and they wanted to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on May 22, 2018. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On May 30, 2018, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on October 8, 2018. On February 8, 2019, we promptly filed PERM. Eventually, on April 30, 2019, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on September 13, 2019 via regular processing service. Eventually, on November 19, 2019, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an immigrant visa once his priority date becomes current. 

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CASE: I-485 (EB-3)    
APPLICANT: Chinese Early Childhood Creative Programs Director
LOCATION: St. Paul, MN

Our client is from China, who is currently staying in the United States on F-2 status. She has a prospective employer which was willing to do an immigration petition for her, third-preference. Our client has a Bachelor’s degree in Art Education. After talking to our client, our firm concluded that her employer can petition her as an Early Childhood Creative Programs Director. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On April 16, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report and Prevailing Wage determination, our office filed the job order on August 11, 2015. On October 27, 2015, we promptly filed PERM. Eventually, on March 28, 2016, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s financial records, and other necessary supporting documents. The I-140 Petition was filed on July 11, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on July 25, 2016 and requested the Petitioner’s tax record to demonstrate whether Petitioner has sufficient net current asset to pay proffered wage of beneficiary. On September 29, 2016, our office filed the Response to RFE to USCIS along with Petitioner’s 2015 federal tax record. Eventually, on October 5, 2016, the I-140 EB-3 Petition for our Chinese client was approved. 

Once her priority date became current in 2018, she retained our office again and determined to file an adjustment of status application for her and her husband. On December 5, 2018, our office filed an I-485 adjustment of status application for our client and her husband. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On August 28, 2019, our client was interviewed at Minneapolis Minnesota USCIS office. Though their interview went well, the visa numbers were not available for their cases in August and September of 2019. Nevertheless, on December 6, 2019, their I-485 applications were approved by the USCIS.

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CASE: EB-3 I-485 Adjustment of Status

EMPLOYER: Public School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in English, a valid New Mexico Teaching license, and has worked for her current employer since 2016. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in June 2017.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on November 1, 2017. On April 13, 2018, we promptly filed PERM. 

However, on August 13, 2018, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on August 22, 2018.  Eventually, on October 23, 2018, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. Our client already had her approved I-140 from her old employer with priority date of October 2010. 

Under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s current employer for our client is entitled to the previous priority date.

We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, her previous I-140 approval notice and other necessary supporting documents.

The I-140 Petition was filed on November 1, 2018 via premium processing service. Eventually, on November 6, 2018, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). Also, the approved I-140 retained our client’s old priority date. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On December 6, 2018, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On September 9, 2019, our client was interviewed at Albuquerque New Mexico USCIS office. On November 25, 2019, her I-485 adjustment of status application was approved by the USCIS. 

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CASE: Adjustment of Status based on Approved EB-3 I-140    

APPLICANT: Korean Molding Process Engineer in Akron Ohio

Our client is from South Korea. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Mechanical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Molding Process Engineer. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 17, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on April 4, 2018. On June 21, 2018, we promptly filed PERM. Eventually, on August 16, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 22, 2019 via premium processing service. Eventually, on January 30, 2019, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). 

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On February 20, 2019, our office filed an I-485 adjustment of status application for our client and his family. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at our office. On September 10, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on November 20, 2019, their I-485 applications were approved by the USCIS. 

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CASE: EB-3 I-485 Adjustment of Status    
EMPLOYER:  Oleo-chemical manufacturer company in Boston, MA
BENEFICIARY: Malaysian Financial Planning & Analysis Manager

Our client is from Malaysia. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as a Financial Planning & Analysis Manager. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On May 2, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 14, 2018. On October 17, 2018, we promptly filed PERM. Eventually, on January 8, 2019, the PERM Labor Certification was approved – an EB3 position for the Malaysian beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on February 1, 2019 via premium processing service. Eventually, on February 14, 2019, the I-140 EB3 Petition for our Malaysian client was approved without any Request for Evidence (RFE). 

Once the I-140 petition was approved, our client retained our office again for the I-485 adjustment of status applications for him and his wife. Our office filed an I-485 adjustment of status application for our clients on March 15, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On November 6, 2019, our client was interviewed at Boston Massachusetts USCIS office. Eventually, on the same day of the interview, our clients’ green card applications were approved.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in Overland Park, KS

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently resides in Overland Park, KS. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Our client has a nursing degree and has Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on May 8, 2019 and started on her Prevailing Wage Request.

We filed the I-140 application on September 26, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  On October 24, 2019, our office filed I-907 premium processing upgrade request for this petition. Without any issuance of Request for Evidence (RFE), on November 6, 2019, the I-140 was approved. Now, our client can file an adjustment of status application based on the approved I-140 petition when her priority dates become current.

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CASE: I-485 Adjustment of Status / Schedule A 

APPLICANT: Nepalese Registered Nurse

LOCATION: Lincoln, NE

Our client is a registered nurse from Nepal licensed in the state of Nebraska. She came to the United States and currently works in the United States with her TPS status.  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Our client has a nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 12, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on July 31, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, the USCIS issued Request for Evidence on August 8, 2018 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on August 21, 2018 and eventually, on September 1, 2018, the I-140 was approved. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her and her husband. On October 15, 2018, our office filed an I-485 adjustment of status application for our client and her husband. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On August 8, 2019, our client was interviewed at Omaha Nebraska USCIS office. Though their interview went well, the visa numbers were not available for their cases in August and September of 2019. Nevertheless, on October 30, 2019, their I-485 applications were approved by the USCIS. 

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